The government may offer the defendant in a DUI/DWI criminal prosecution a plea bargain or “deal” to avoid the time, cost, and risk of failing to secure a conviction at trial—and the defendant may accept such a plea deal to reduce the risk of a greater sentence. A defendant may only plead guilty if they actually committed the crime and admit to doing so in open court before the judge. When the defendant admits to the crime, they agree they are guilty and agree that they may be sentenced by the judge presiding over the court—the only person authorized to impose a sentence.

Sometimes the defendant and the government/prosecution agree that the defendant will plead guilty—sometimes to lesser charges than the defendant is facing—and agree what the punishment will be—subject to the court’s approval of the plea deal. And sometimes the defendant will agree to plead guilty and the government/prosecution will agree not to recommend an enhanced sentence—but it is up to the judge to determine how the defendant will be sentenced or punished.

If a defendant pleads guilty there is no trial and the next step is to prepare for a sentencing hearing.

In Michigan, plea bargaining in DUI/DWI cases is a common practice where the government (prosecution) may offer the defendant a plea deal to avoid the uncertainties of a trial. The defendant must admit guilt in open court and may only plead guilty if they have actually committed the crime. Plea agreements can involve pleading guilty to lesser charges or the prosecution agreeing not to seek an enhanced sentence. However, any plea deal is subject to the approval of the judge, who retains the authority to impose the sentence. The judge's decision is based on various factors, including the circumstances of the case and the defendant's criminal history. If the defendant accepts a plea deal and pleads guilty, the case proceeds directly to the sentencing phase without a trial. It's important for defendants to consult with an attorney to understand the implications of a plea deal and to ensure that their rights are protected throughout the process.